Keller v. State

Docket No. 20180391
Oral Argument: Waived

Docket Info

Title
Thomas Jeames Keller, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-00350
South Central Judicial District, Morton County
Cynthia Feland

Parties' Statement of Issues

  • Appellant

    Whether the district court erred by denying Mr. Keller’s application for postconviction relief.

  • Appellee 1

    Whether the Petitioner proved a case for post-conviction relief on the issue of ineffective assistance of counsel.


Summary

Thomas Jeames Keller appeals from a district court order denying his application for post-conviction relief.

Keller pled guilty to three charges at a January 4, 2018 change of plea hearing. Prior to the hearing, Keller and his attorney discussed Keller’s medical conditions and the advantages of obtaining a presentence investigation report. At the change of plea hearing, Keller’s attorney requested a presentence investigation report for the first time. The district court denied the request and sentenced Keller to four years’ imprisonment. On April 12, 2018, Keller filed an application for post-conviction relief. The court held an evidentiary hearing, at which Keller’s attorney testified. After the hearing, the court denied Keller’s application for post-conviction relief.

On appeal, Keller argues the district court erred in denying his application for post-conviction relief because Keller was prejudiced by ineffective assistance of counsel when his attorney failed to obtain a presentence investigation report prior to sentencing.


Briefs

Filing Date Description
02/18/2019 APPELLANT BRIEF View
03/19/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Scott Orel Diamond - 05773
APPELLEE ASST. STATE'S ATTORNEY Brian David Grosinger - 04500

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 10/25/2018 NOTICE OF APPEAL : 10/25/2018
2 10/25/2018 ORDER FOR TRANSCRIPT : 10/25/2018
3 10/25/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/25/2018 Notice served on Susan M. Young and Brian D. Grosinger
5 10/31/2018 Scott O. Diamond appointed to represent Appellant
6 11/26/2018 ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-40)
7 12/05/2018 ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-77) (underlying criminal)
8 12/21/2018 MOT. EXT/TIME TRANSCRIPT
9 12/21/2018 ACTION BY TRIAL COURT - Granted : 01/20/2019
10 01/17/2019 ELECTRONIC TRANSCRIPT DATED AUGUST 16, 2018 & C.O.S.
11 02/18/2019 APPELLANT BRIEF View
12 02/18/2019 APPELLANT APPENDIX
13 02/19/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
14 02/20/2019 Rec'd $25 surcharge for ATB (receipt #26904)
15 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
16 03/19/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
17 03/19/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
18 03/19/2019 APPELLEE BRIEF View
19 03/19/2019 DISK (AEB)(emailed and disk)
20 03/20/2019 ACTION BY SUPREME COURT (request to waive oral argument on behalf of appellant) - Granted
21 03/20/2019 ACTION BY SUPREME COURT (request to waive oral argument on behalf of appellee) - Granted